New Zealand Legislation: Acts

9 Smoking restricted in passenger service vehicles

• (1) Subject to subsection (3) of this section, the operator of a passenger service vehicle shall not permit any person to smoke in that vehicle while it is carrying passengers.

  (1A) The operator of an operating taxi must not permit any person to smoke in it.

  (1B) No person may smoke in an operating taxi, whether or not it is carrying passengers.

  (2) Subject to subsection (3) of this section, no person shall smoke in any passenger service vehicle while it is carrying passengers.

  (3) Nothing in this section shall apply to any small passenger service vehicle (other than an operating taxi) where the driver and every passenger in the vehicle agree that smoking shall be permitted.

  Subsections (1A) and (1B) were inserted, as from 10 December 2004, by section 7(1) Smoke-free Environments Amendment Act 2003 (2003 No 127).

  Subsection (3) was amended, as from 10 December 2004, by section 7(2) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “(other than an operating taxi)” after the words “service vehicle”.